Can A Moron In A Hurry Tell The Difference Between A Hershey Bar And A Couch?

from the yummy-cushions... dept

There are some legal decisions that just make no sense. Gunnar writes in to let us know of a story in Michigan, where a judge has ordered a furniture store to stop using a design that shows a couch being unwrapped from a candy bar. Hershey's sued the furniture company, claiming it violated their trademark on unwrapping chocolate bars:
Art Van
But here's the thing: even the judge admits that trademark law shouldn't apply here because it's a totally different business and there's little chance of customer confusion: "While both parties cater to the general public, there is no indication that their customers are predominantly the same. Even if their customer bases overlap to some extent ... the risk of consumers confusing a furniture outlet with a candy store, or vice versa, appears remote." Those are all things a judge says right before denying the trademark claim, but in this case, it went the other way. If a moron in a hurry isn't likely to be confused, then there's no trademark infringement. The furniture store wasn't even using the image yet -- but just had it in a contest for truck designs. At least the company hadn't spent too much money painting up all the trucks.

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  1. identicon
    Anonymous Coward, 3 Nov 2008 @ 8:29am

    Re: Re: Re: Corporate Rule

    Though there was scientific reasoning for it to be that hot. It was the optimal temperature for the release of smell and taste. The woman put the cup in between her legs and then continued driving. Her pants were sweatpants and that caused it to not only soak up the coffee but keep it in contact with her skin. Should the pants company be sued since it can cause burns to happen more easily than with other kinds of materials?

    She had enough knowledge to know that coffee is hot. She had enough knowledge to know that coffee can burn, maybe not third degree, but she knew enough that it can cause harm. She still then performed an action that increased her chances of injury, knowingly. She may not have known she'd be hurt that much, but she had to know she would get hurt if she spilled coffee on herself. I have little sympathy for that woman. Sometimes you need common sense. If I do something that causes injury, I'm not going to sue because "It cause more injury than I thought it should."

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